Opinion
No. 03-1222.
March 3, 2004.
APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION, DISTRICT 2, PARISH OF RAPIDES, NO. 02-2587, JAMES L. BRADDOCK, WORKERS' COMPENSATION JUDGE.
JAY A. PUCHEU, Attorney at Law, Marksville, Louisiana, Counsel for Plaintiff/Appellant: Laura Stelly.
ANTHONY P. PALERMO, BREAZEALE, SACHSE WILSON, Baton Rouge, Louisiana, Counsel for Defendant/Appellee: Paragon Casino and Resort.
Court composed of JIMMIE C. PETERS, MICHAEL G. SULLIVAN, and GLENN G. GREMILLION, Judges.
In this workers' compensation case, Defendant filed an exception of lack of subject matter jurisdiction, claiming that it was immune from suit in the Louisiana Department of Labor, Office of Workers' Compensation, due to its sovereign status as an Indian nation. The workers' compensation judge sustained the exception and dismissed Plaintiff's suit.
After reviewing the law and the evidence, we conclude that the issues in this case are essentially identical to those in our recent decision of Ortego v. Tunica Biloxi Indians of La. d/b/a Paragon Casino, 03-1001 (La.App. 3 Cir. 2/4/04), 865 So.2d 985. Finding Ortego controlling, we affirm the dismissal of Plaintiff's suit.
Decree
For the foregoing reasons, the judgment of the Office of Workers' Compensation granting Defendant's exception of lack of subject matter jurisdiction is affirmed. Costs of this appeal are assessed to Plaintiff-Appellant, Laura Stelly.
AFFIRMED.